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ARTICLES OF 



AGREEMENT AND ASSOCIATION 



OF THE 



FLORIDA PENINSULA 



LAND COMPANY. 



•^h^' on_0:\iGfi^ 





NEW-YORK: 
EDWARD S . M E S I S R , 
No. 57 William Street. 



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^ L. S. ^ 
STATE OF NEW-YORK, 

CITY AND COUNTY OF NEW-YORK, ^ ^^' 

By this public instrument, be it known, to all whom it 
may concern, that I, William H. Maxwell, Commissioner, in and 
for the state of New-York, and resident in the city of New-York, 
duly commissioned by the Governor of the territory of Florida, 
and authorized by law to take the acknowledgment o'f Deeds, Let- 
ters of Attorney, Mortgages, Contracts, or other writings under 
seal, with full power and authority to administer Oaths and affir- 
mations, and to take Depositions, &c., Do hereby certify that on 
the 20th day of September, A. D. 1836, before me, said commis- 
sioner, personally appeared Richard S. liackley, Joseph D. Beers, 
David Clarkson, and Lot Clark, all well known to me to be the 
parties described in the annexed articles of agreement ; and they, 
severally, and in due form of law, acknowledged they had signed, 
sealed, and delivered said agreement, as their several free act and 
deed, for the uses and purposes therein mentioned. 

In testimony ivhereof, I have hereunto set my hand and seal 
the day and year above written. 

WILLIAM H. MAXWELL, 

Florida Commissioner* 



ARTICLES OF 
AGREEMENT AND ASSOCIATION 

OF THE 

FLORIDA PENINSULA LAND COMPANY. 



Whereas, Richard S. Hackley, of the City of New-York, by 
his Indenture, bearing even date herewith, has granted, 
bargained, and sold, unto Joseph D. Beers, and David 
Clarkson, of the said City of New- York, and Lot Clark, of 
the City of St. Augustine, in the territory of Florida, trus- 
tees for the uses and purposes hereinafter contained and set 
forth, all that certain tract or parcel of land, situated in the 
territory of Florida aforesaid, "being so much of that por- 
tion of the land contained in the Royal Grant, of the seven- 
teenth of December, one thousand eight hundred and seven- 
teen, as was conveyed to Richard S. Hackley & Compa- 
ny, and is contained in the follovi^ing boundaries, to wit: — 
Beginning at the mouth of the river Amanina, or Amaxura, 
where it enters the Gulf of Maxico, in the former Spanish pro- 
vince of East Florida, and what is now a part of the original 
territory of the United States of America ; running along 
the right bank of said river to its head spring, or main foun- 
tain-source; thence by a right line to the nearest point of 
the river St John, and running up to lake Macao, or Ma- 
caco ; from thence to the head of the Hijuelos river, and 
descending said river to its mouth in the Gulf of Mexico, 
on the coast of the Gulf of Mexico, and from thence along 
said coast including all the islands up to the beginning; con- 
taining, by estimate, eight millions of acres, more or less 
excluding therefrom any prior confirmed Spanish Grants, 
which were reserved in the Royal Grant of the King of 



Spain to the Duke of Alagon, and the sales made by the 
said Richard S. Hackley, contained in the list presented to 
the parties of the second part of the Indenture aforesaid. 
And whereas, it is intended by the said Richard S Hack- 
ley, and the said trustees, and others, their associates, ^lo 
form a joint stock company to be composed of the said Hack- 
ley, and said trustees, and others, their associates, to be called 
the Florida Peninsula Land Company. 

Now this Indenture and Articles of Agreement and Asso- 
ciation, made this fourteenth day of September, in the year 
of our Lord one thousand eight hundred and thirty six, by 
and between the several persons whose names are hereto 
subscribed, and seals annexed ; Witness : 
Article I. That the name and style of the Association^ shall 
be the '* Florida Peninsula Land Company, " and its object 
shall be to manage and dispose of the foregoing tract or 
parcel of land. 
Art. II. All persons who shall subscribe for one or more shares 
of the capital stock of said association, by signing and seal- 
ing this Indenture in person, or by attorney, lawfully con- 
stituted under the rules and regulations to be prescibed by 
the trustees aforesaid, and by paying the sums in the man- 
ner hereinafter prescribed ; and all persons who shsU he- 
come the holder or holders of any such share or shares, by 
transfer in the manner hereinafter provided, shall be mem- 
bers of this Association. 
Art. III. The capital stock of this association shall consist of 
sixteen hundred shares in the tract of land aforesaid, each 
share consisting of Jive thousand acres. And all the cove- 
nants and engagements herein contained shall become ob- 
ligatory on the parties to be bound thereby, according to 
the terms and intent thereof, when the full number of fifty 
shares shall have been subscribed. 
Art. IV. The capital, property, and affairs of this association 
shall be managed by the trustees aforesaid and their suc- 
cessors in office ; each of whom shall remain in such trust 



until the object of this association shall be finally closed, 
unless he shall resign, or be removed by the members of 
this association, as hereafter provided, or by competent 
judicial authority. 

Art. V. No trustee shall resign except by instrument in wri- 
ting and under his seal, executing such conveyance to his 
co-trustees as ma}'- be necessary for that purpose, subject 
to all his legal liabilites, to account for his conduct as such 
trustee ; and in every case when his office shall become 
vacant he shall execute such conveyance. 

Art. VI. Whenever any vacancy shall happen among such 
trustees, such vacancy shall be filled up by such persons as 
the remainder of the trustees shall, by instrument under their 
hands and seals, appoint from among the members of the 
associnion. 

Art. VII. The said trustees, and their successors in office, shall 
have full and ample power and authority to sell and con- 
vey any part or parts of said tract of land and premises, to 
receive payment in money or otherwise, to commence, 
prosecute, or compromise any suit or suits for injuries 
done to the said property, to receive and take charge oi 
all moneys which shall be paid on account of the sale af any 
of said land or premises, or in any manner growing or ac- 
cruing out of the same, or for any certificates of stock to 
be issued or in any other way to which the association 
may be entitled, to pay from time to time out of the funds 
of the association, the compensation of the persons em- 
ployed by them, and other expenses, to prosecute and defend 
all manner of suits in which the title of said lands or any 
part thereof, may be drawn in question, to make any compro- 
mise with any person or persons, or with any government 
claiming title to. or any interest in said lands, or of any part 
thereof, execute all agreements, covenants, or obligations, 
take, purchase, and hold in trust as aforesaid, all stocks, choses 
in action, lands, tenements and hereditaments, and linally, to 
do all other acts and things which an individual owning the 
the said land and premises in fee might or could do, and 



which they shall deem necessary and proper to promote the 
interests of said association. 

Art. VIII. The trustees shall have the power to assess and 
call from the scrip or shareholders, such sum or sums as 
they may deem for the interest of the association ratably 
for improvements and expenses, on three months' notice^ 
to be published during- the said threo months in one or more 
of the principal newspapers in the cities of New-York and 
Washington, and in the district of East Florida. And in 
case of neglect on the part of any stockholder to pay pur- 
suant to such call, he shall thereby forfeit to the association 
such shares as are in default ; but the trustees may in their 
discretion, at any time within a year thereafter, release 
such forfeiture on payment of such call and interest, pro- 
vided that the whole amount which the trustees shall have 
power to assess and call as aforesaid, shall not exceed 
one-half cent on an acre, or twenty five dollars on each 
share. 

Art. IX It shall be the duty of the trustees, so soon as they 
shall deem it necessary, to procure a full and perfect sur- 
vey of the said land and premises, and to cause plats, maps, 
and diagrams to be made of the same : and should they deem 
it expedient and proper, they may rise by mortgage on the 
said property any sum for the improvement of the same, not 
exceeding two hundred thousand dollars, which said sum so 
raised shall be paid out of the first moneys received by them 
on sales. 

Art. X. It shall be the duty of the trustees, as soon as may be 
after this association shall be formed, to open subscriptions to 
these articles, and issue scrip to the subscribers for so much 
as they can procure to be subscribed, not exceeding four hun- 
dred shares, and shall require from each subscriber for the 
said four hundred shares, or a less number, as the case may 
be, one hundred and eighty-seven dollars and fifty cents on 
each share ; one hundred and fifty dollars of which shall be 
paid to the said Richard S. Hackley, on demand, toward his 
consideration money for the land and premises aforesaid. 



and the remaining thirty-seven dollars and fifty cents on each 
share shall be kept by the trustees on deposit, for the purposes 
of defraying the incidental expenses of the said association: 
and on the payment by the subscribers as aforesaid, the «aid 
trustees shall issue to each respectively a scrip for each 
share so subscribed, in the form and to the effect following, 
to wit : 

'• Florida Peninsula Land Company. 

No— 

,L: This certifies that is proprietor 

of share (each share being equal to five 

thousand acres over and above the land covered with wa- 
ter, or one sixteen hundredth part of eight millions two 
hundred thousand acres,) of the capital stock and beneficial 
interest of the Florida Peninsula Land Company, created 
in pursuance of an indenture and articles of association and 
agreement, entered into for the formation of said company 
by the members thereof, and dated the fourteenth day of 
September, 1836. The sum of dollars has 

been paid hereon, subject to calls of dollars 

more to be made by the trustees in six, twelve, and 
eighteen months, after the full adjudication of the title in the 
Supreme Court of the United States, and to be made in one 
third each, with interest after six months after the date of 
notice of the adjudication, at the rate of six per cent, per 
annum, and subject to all the provisions, covenants and 
charges, in the said articles mentioned — reference being 
thereto had the same will more fully appear — which share 
shall be transferable by deed endorsed hereon, and by delivery 
to the trustees of the company with this certificate, and by the 
assignees signing and sealing the said articles in person, or 
by attorney duly authorized. 

By order of the Trustees, 

Presidenii 

Secretarp." 



And before the said trustees shall pay to the said Hackley 
any of the moneys aforesaid, they shall cause an examina- 
tion to be made of the public records in the territory of 
Florida, and in the eastern district thereof, to ascertain 
whether the said Hackley has by himself or his agent con- 
veyed, or in any manner encumbered the said land and 
premises, otherwise than as is named and mentioned in 
the schedule annexed to these articles of association ; and 
if they shall find on examination any such conveyances or 
encumbrances as will in their opinion materially change 
the value of the land and premises conveyed as -aforesaid, 
they shall be at liberty to return the moneys so received to 
the subscribers, after deducting therefrom the incidental ex- 
penses, and re-convey the said land and premises to the said 
Richard S. Hackley, and others who have released their 
claims to any portion of said land or premises, for the pur- 
pose of enabling the said Richard S. Hackley to make valid 
conveyances to the said trustees, so as to restore to the res- 
pective parties the rights and interest which they held pre> 
vious to such release. 
Art. XI To satisfy the said Hackley for the rest and residue of 
the consideration aforesaid, the trustees shall convey to him, 
or to such person as he shall direct, or to his assignees, 
certificates for twelve hundred shares of said slock, in scrip, 
in effect and form following, to wit : 

*' Florida Peninsula Land Company. 
No.— 

This certifies that is proprietor 

of share (each share being equal to five 

thousand acres over and above the land covered with water, 
or one sixteen-hundredth part of eight millions two hundred 
thousand acres,) of the capital stock and beneficial interest 
in the Florida Peninsula Land Company, created in pur- 
suance of an indenture and articles of association and agree- 
ment, entered into for the formation of said company by 
the members thereof, and dated the fourteenth day of Sep- 



tember, 1836. The sum of fifteen hundred dollars having" 
been paid to the full amount of each share in full satisfaction 
thereof, and subject to all the provisions, covenants and 
charges, in the said articles contained, as will appear, refer- 
ence being thereto had — transferable by deed endorsed hereon, 
and by delivery to the trustees of the company, and the as- 
signee or assignees signing and sealing the said articles. 
By order of the Trustees, 

President, 
Secretary^ 

And if the said trustees shall find on survey and admea- 
surement of the said land, that the whole tract shall contain 
more than eight millions two hundred thousand acres over 
and above former grants made by the Spanish authorities, 
and sales and conveyances by the said Hackley and his 
agents, they shall issue certificates for an additional num- 
ber of like shares, so far as said surplus shall extend, to the 
said Richard S. Hackley, Henry Dudley, and Nicholas W. 
Stuyvesant, in the following proportions, to wit :— three 
fourths to said Hackley, and one fourth to said Dudley and 
Stuyvesant, or to his or their assigns — it being understood 
that all persons to whom certificates shall be issued as pro- 
vided for in this article, shall sign these articles of association^ 
the same as other stockholders or subscribers, before receiv- 
ing certificates. 
Art. XII. It shall be the duty of the trustees, as soon as may 
be practicable, to cause an adjudication in the Supreme 
Court of the United States, of the title to the said land and 
premises, as derived from the duke of Alagon ; and no 
subsequent call shall be made on the said four hundred 
shares of stock, until the title to said land and premises 
derived as aforesaid shall have been settled in said court 
in favour of this association. But immediately after such 
adjudication and settlement of title, the trustees shall give 
public notice in two of the principal newspapers printed in 



10 

the city of Washington, and one in the city of New-York, 
and one in the district of East Florida, for the said scrip 
holders to pay thirteen hundred and fifty dollars to the said 
trustees, on each of the said shares, in three equal instalments, 
at six, twelve, and eighteen months from the date of said 
notice, with interest on the two last instalments, at six per 
centum, after six months from the date of said notice. And 
if any of the stockholders shall fail to make payment on the 
said scrip pursuant to the said notice, the same with all pre- 
vious payments shall be forfeited for the benefit of the said 
Richard S. Hackley. 

Art. XIII. The trustees aforesaid may employ and keep a secre- 
tary, and such agents, surveyors, and assistants, as they may 
deem needful, and remove and replace them at pleasure. All 
conveyances and contracts shall be executed by a president, 
to be chosen in the manner hereinafter prescribed, or by an 
agent, appointed and authorized by said trustees, or a majority 
of them. 

Art. XIV. It shall be the duty of the said trustees to appoint one 
of their members president, and the president so appointed 
and one of the said trustees, shall form a quorum to transact 
business, but no appropriation shall be made for any improve- 
ment without the consent of all the trustees. 

Art. XV. The trustees shall only be responsible for wilful de- 
jfault, and no one acting in good faith shall be responsible 
to any omission or fault of a co-trustee. They shall be al- 
lowed no compensation by the association for their services in 
the premises, except for disbursements, but after three years 
they shall be allowed a reasonable compensation for their ser- 
vices, to be paid oiit of the moneys belonging to the associa- 
tion, to be allowed by auditors, to be appointed in the manner 
hereinafter prescribed. 

Art. XVI. The trustees, and their successors in office, shall hold 
the said tract of land and premises as joint tenants, and not as 
tenants in common; and in case of the death of one or more 
of the said trustees, the estate in trust as aforesaid, and for 
the uses and purposes aforesaid, shall enure to the survivor 
or survivors of them, and other trustees shall be appointed in 



11 



manner aforesaid, who shall succeed to the same, and be sub- 
ject to these articles of association. 

Art. XVII. In all conveyances or contracts to be made by the 
said company, the trustees, after being individually named, 
shall be described as the trustees of the Florida Peninsula 
Land Company. 

Art. XVIII. The capital stock of this association, and the bene- 
ficial interest of the several shareholders thereof, shall be, 
and are hereby declared and agreed to be personal property ] 
and on the death of any shareholder, his share and interest 
shall go to his personal representatives, and not to his heirs 
at law ; and such heirs at law shall at no time claim any in- 
terest, legal or equitable, therein. 

Art. XIX. Shares in the capital stock of this association may be 
transfered from time to time by the holder thereof, or his per- 
sonal representatives, by endorsement under his hand and seal, 
provided such transfer be notified to the trustees, and provid- 
ed also that the assigness to whom such share or shares shall 
be transfered, shall, in person, or by his lawful attorney, affix 
his name and seal to this indenture, and become a party 
thereto. 

The form of such endorsement shall be as follows : 

" For and in consideration of I 

hereby assign and transfer, to and to his 

executors administrators and assigns, all my, right, title and; 
interest in the within share of the capital 

stock and beneficial interest of the Florida Peninsula Land: 
Company, subject to the provisions, covenants and charges 
contained in the indenture constituting said company} or au- 
thorized thereby." 

After the assignee shall have subscribed as aforesaid, 
the transfer shall be registered in the books kept by the 
trustees; and on the registering of such transfer, the for- 
mer' certificate shall be delivered up, and a new one shall 
be issued in similar form ; except that every such certifi- 
cate shall designate the name of the original proprietor of 



12 

the share or shares transferred. And from the time when 
such transfer shall have been duly registered, the share- 
holder making the same shall be released from all liability 
as a member of this association, in respect to the share so 
transferred. 
^RT. XX. One copy of these articles of association, signed by 
the trustees and the said Richard S. Hackley, shall be 
recorded in the office of the county clerk in the city of St. 
Augustine ; and one copy shall be signed by the parties 
and all the future proprietors as they shall become stock- 
holders, and shall be kept by the president or the secretary; 
(to be appointed,) to be kept in some safe and secure 
place. 

Art. XXI. The trustees shall keep, or cause to be kept, regular 
books of account, in which there shall be an entry of all their 
sales and doing, which shall be open to the inspection of 
stockholders at all convenient times; 

Art. XXII. The trustees shall notify in a proper manner a meet- 
ing of the stockholders in the city of New- York, in three 
years from the date of these articles of association, and at all 
times, on the application of one third in amount of the stock- 
holders ; at which meeting all the stockholders may vote in 
person or by proxy, the president presiding. 

Each stockholder may give as many votes as he has shares, 
but no stockholder shall vote directly or indirectly on more 
than one hundred shares. 

Said meetings, when so convened, shall have power to ap- 
point three auditors, who shall hold their offices during the 
pleasure of the stockholders, to remove any trustee or trus- 
tees, and to appoint others in their places. 

Art. XXIII. It shall be the duty of the trustees, to make divi- 
dends once in six months, of all the moneys received for lands 
rateably among the stockholders, payable at some bank or 
monied institution, after deducting current expenses, and to 
keep all monies deposited in the names of the trustees in 
some bank or monied institution, and not to draw the same ex- 
cept by order of the board. 



13 

Art. XXIV. Whereas, it is provided in and by the said deed of 
the said Richard S. Hackley to the said trustees, that certain 
tracts of land should be excluded which had been previously 
sold by the said Richard S. Hackley, to be contained in a 
list to be presented by the said Richard S. Hackley to the 
trustees ; and whereas the list so referred to has been presen- 
ted by the said Richard S. Hackley, and is in the words and 
figures following, to wit : 

Lands in Florida sold or alienated by Richard S. Hackley, 

Acres. 

January, 1822. Carter Beverly, on the river Amanina, - 8,000 

Jan. 23 James W. Glass " St. Johns, - 50,000 

Nov. 24, 1821. Thomas E.Randolph " Amanina, - 9,000 

" " William Randolph, sen. " Id - 3,000 

" " William F. Randolph, jun. " - 5,000 

" " Thomas B. Randolph, " - 6,000 

" " William Beveriy Randolph, " - 5,000 

" " Thomas Mann Randolph, of Tuckahoe, - 6,000 

" " James Carmichael, '' - 8 000 

" " Wilson J. Gary, « - 9 000 

April 3, 1822. Thomas Richardson, " - 2 000 

June 30, 1821. Edmond Taylor, " - 20 924 

May 6, 1822. Robert B. Taylor, " - lo',000 

Mar. 24, 1824. Merrit M. Robinson, " - 10,000 

'' 25, " Robert F. Dandridge, Ocklawaha, - 6,400 

" " " Lavinia W. Dandridge, Id. - 6,400 

" " " James Rawlings, trustee for Siana A. Williams, 6,400 

" " " Juliana E. Dandridge, Id. - 6,400 

" " " Bartw. Dandridge, " - 6^400 

Dec. 14, 1822. Anthony Dey, Ocklawaha, - 5o'oOO 

" 24, " Samuel A. Lawrence, " - 92 160 

Jan. 22, 1823. Edward Delavan, " _ 23^040 

March, 1824. Josiah Cowper, Amanina, - '959 

" William Giliiat, " - 1,541 

" Slosson, for Mc Dowell, Ocklawaha, - lo'oOO 
Oct. 12, 1823. Mathias Ward, for account of Anthony Dey, 650 

July 23, " John A. Cameron, for Thomos Strode, - 1,000 

" 7, " George McNeill & William Kirkland - 2,500 

" 7, " George Mc Neill, 5,000 

Feb. 17, 1827. Hon. Robert Strange, quantity not known, 

but believed to be _ _ _ _ 1,200 

Jan. 21, 1829, Richard Raynal Keene, Tatstala Creek, - 1 0^500 

Dec. 23, 1825. James Cameron, trustee for Sarah Tooker, 500 

16, " Jordan Howell and John Howell, - - 1,000 



Carried over- Acres, 383,974 



14 

Acres. 

Amount brought over, 383,974 

Howe, Amanina, ----- 2,500 

April 1, 1826. Hon. John A Cameron, in trust for H. S. Strode 1,000 

Nov. %. " Robert J. Hackley, two parceJs, - - 48,600 

" " " Frances S. Taylor, Ocklawaha, - - 50,000 

Feb. 27, 1827. Robert T. Goodwin, in trust for Margaret 

Jane MofFait, 3 tracts, 1500, 1000, 1000 - 3,500 

May 3 1826. Claries Loomis, Amanina, - _ - 500 

Sept. 2, " John Clarke, " . _ _ - 500 

« « " George McNeill, " - . _ 2,000 

JohnMcRae, « _ - . - 2,000 

Dec. 14, 1827, Noah Scovill, 5,000 10,000, - - - 15,000 

Sept,2, 1829, Benj. Sprague, 500 

Contract with John Taylor, - - - 50,000 
Do. with Gov. Montford Stokes, - 9,000 

July 24, 1829. B'rancis B. Rhodes, Amanina, - - 500 

William R. Hackley, Terecia Island, near the 
mouth of Manatee, Tampa Bay, estimated, 1,500 
Oct. 24, " Bright Roberts, Big Swamp, - - - 3,750 
To various persons, fe6 shares out of 50 in the 
Florida Land Company, containing, each, 
1792 acres including the island Synabel. The 
location on the main is on the Synabel River, 
and indicated on the map — quantity here in- 
cluding ihe island of Synabel, - - 46,592 
Sales on Tampa Bay and south of it, Mr. Sim- 
mons, per a Steele's letter of the 3d June 1836, 200 
Levi Collar, do. 5th Aug. 1836, - - 50 
Per A. Steele's letter of 3d June, - - 1,000 
A. Steele, Esq., near Tampa Village. - 25 
Capt. Sanders, Mouth of Hillsborough River, 50 
Do. a small island in front of Tampa village 100 
Do. 3 lots and buildings in Tampa Village. 
Henry Ogden, trustee for Wm. S. Ogden, on 

the' Manatee River, - - - _ 1,000 
William Bunce, at the mouth of the river 

Manatee, (west side,) - - - - 160 

Randolph's Farm, ten miles from the mouth of 

the River Manatee, _ _ - _ 500 

Samuel Stansbury, one of the Mulett Keys and 

Egmont Key, - - _ _ _ 
Cotterell's farm. Manatee, - _ _ 400 

Capt. Wm, Graham, U.S. Army, on the Alifia River, 200 
John Warren, mouth Alijfia River, - - 200 

Ezekiel Stafford, " " . _ _ 15Q 

Gad Humphries^ " « , _ _ 500 

Do. Manatee, - - - - 500 

Joshua Stafford, " , _ _ _ 400 

William Ellis, near Tampa Village, - 100 

The above seven tracts are Col. Humphries' 
engagements. As yet I have no reason to believe ■ 
that they have been conveyed or paid for. Acres, 626,351 



15 



Now this article witnesselli, that it is hereby agreed, hy 
and between the said Richard S. Hackley and the said 
trustees, that such portion of said list of land so sold as 
aforesaid, only as shall have been duly conveyed by the 
said Hackley, shall be excepted and excluded from the 
said deed, and that the title to the rest and residue con- 
tained in said list, shall be vested in the said trustees and 
their successors in office and assigns. And the said 
Richard S. Hackley, for himself, his executors and admi- 
nistrators, does hereby grant, bargain and sell, to the said 
Joseph D, Beers, David Clarkson, and Lot Clark, trustees 
as aforesaid, their successors in office and assigns, each 
and every of the said tracts or parcels of land named in 
the list aforesaid, to be held by them for the uses and pur- 
poses aforesaid, as part and parcel of the capital stock of 
said association, and as part and parcel of the said eight 
millions two hundred thousand acres. It being however 
understood and agreed, that all subsisting and legally bind- 
ing contracts for the sale of any lands contained in the 
said list made by the said Hackley, or his attorneys there- 
unto lawfully authorized, shall be recognised and fulfilled 
by the said trustees with the purchasers, on their making- 
due payment of the purchase money to the said trustees. 
And all conveyances to be taken by the trustees for lands 
purchased or otherwise acquired by them within the bounda- 
ries described in the said deed of trust, by any person or 
persons claiming title in and to the same, (which convey- 
ances the said trustees are hereby authorized to take,) 
shall become part and parcel of the said trust property, 
and shall be subject to the same rules and regulations as 
the other parts of the said tract. And the severel persons 
subcsribing this indenture as orignal members of the asso- 
ciation, or as the assignee of any share therein, do hereby, 
and each for himself, his heirs, executors and admistra- 
tors, does express his assent to all the provisions, covenants 
and grants contained in this article*, 



16 

Art. XXV. The association shall continue until all the concerns 
of the company shall be closed ; and the trustees for the time 
feeing shall proceed to take measures for closing the concerns 
of the association, and shall complete and close the same as 
fast as can be done consistently with the interests of the com- 
pany, and to that end shall cause all their property, securities 
and effects, to be converted into money, and paid over in divi- 
dends to the stockholders. 
Art. XXVI. The several persons subscribing this indentureT,do 
hereby grant and convey to the trustees above named, and to 
all future trustees of this association, full power and authority 
to do all the matters and things hereinbefore expressed and 
provided for ; and each person subscribing this indenture as 
an orio-inal member of this association, or as the assignee of 
any share therein, does hereby express his assent to all the 
said provisions, and does also, for himself, his heirs, executors 
and administrators, covenant, promise, and agree, to and with 
every other person who shall subscribe this indenture, and to 
and with the executors, administrators and assigns of every 
such other person, that he, the said covenanter, his heirs, ex- 
ecutors and administrators, will well and truly perform, fulfil 
and keep, so far as in them lies, all and singular the provi- 
sions hereinbefore contained, and he and they will do all and 
every act and thing that may be necessary, and that may law- 
fully be done to give full effect to the object and intent of this 
association. 

In witness whereof, the original parties to these presents 
have hereunto interchangeably set their hands and seals, this 
fourteenth day of September, one thousand eight hundred and 
thirty-six. And the other parties to these presents becoming 
members of this association by the transfer of shares therein, 
have severally set their hands and seals thereto, at the time 
affixed to their respective names. 

Richard S. Hackley, [l. s.] 

Sealed and delivered in presence of J D. BeERS, [L. S.] 

S. L. BiTRRiTT, David Clarkson, [l. s.] 

Lot C. Clark. Lot Clark, [l. s.] 



- 17 
MEMORANDUM. 

It having been suggested that the provision made in these 
articles of association for paying the remaining twenty-seven cents 
per share, on the said four hundred shares to be collected as provi- 
ded for in and by the twelfth article to the said Richard S. Hack- 
ley and his representatives, is not so clearly expressed as to be 
free from doubt or misconstruction. 

Now BE IT Known, that the contract and understanding 
with the said Hackley, is and was, at the lime of entering into 
these articles, that the said twenty-seven cents, on each acre, 
should be paid over to the said Richard S. Hackley, or his assigns, 
on demand, when collected and received. 

In Testimony Whereof, we have hereunto set our hands 
and seals, this 25 day of November 1836. 

Witness, 

W, H. Maxwell. Lot Clark. | l. s.] 

S. L. Bdrritt. J. D. Beers. [l. s] 

David Clarkson. [l. s.] 
Richard S. Hackley. [l s.] 



STATE OP NEW-YORK. > 

CITY AND COUNTY OF NEW-YORK. 5 ^^• 

By this public instrument, Be it Known, To all whom 
it may concern, that I, WILLIAM H. MAXWELL, Commis- 
sioner, in and for the State of New- York, duly commissioned by 
the Governor of the Territory of Florida, (by virtue of an Act of 
the Legislature of the said Territory, entitled, "An Act to author- 
ise the appointment of Commissioners, &c. passed January 24th, 
1831," and therein and thereby authorised and empowered "to 
take the acknowledgment of any Deed, Contract, Letter of Attor- 
ney, Mortgage, or Conveyance of any Lands, TenementSi or Here- 



18 



ditaments, lying or being in the Territory of Florida, or any 
OTHER Writing under Seal, to be used in said Territory, 
with full power and authority, to administer Oaths and Afferma- 
tions, take Depositions," &c.) DO HEREBY CERTIFY, that 
on the 25 day of November, Anno Domini 1836. Before me the 
aforesaid Commissioner, personally appeared. Lot Clark, Joseph 
D. Beers, David Clarkson, and Richard S. Hackley, all well 
known to me to be the grantor named and described in the annex- 
ed Instrument under seal, and in due form of law, acknowledged 
he had signed, sealed and executed the same as their several free 
act and deed, for the uses and purposes therein mentioned. 

IN TESTIMONY WHEREOF, I have hereunto set my 
Hand and Seal, the day and year above written. 

WM. H. MAXWELL, 

Florida Commissioner. 



























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